IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MELARKODE VADAKKE GRAMAM WELFARE SOCIETY – Appellant
Versus
DISTRICT MONITORING COMMITTEE PALAKKAD – Respondent
WP(C) NO. 15261 OF 2026
JUDGMENT
The above writ petition is filed with following prayers :
1) “Issue a writ of Certiorari or any other appropriate writ, order, or direction calling for the records leading to Exhibit P3 and quash the decision dated 31.03.2026 of the District Monitoring Committee, Palakkad, insofar as it revokes the permission granted to the Petitioner for parading elephants in connection with the Kumbhabhishekam festival;
2) Issue a writ of Mandamus or any other appropriate writ, order, or direction directing the Respondents to permit the Petitioner to bring and parade three elephants on 29.05.2026 in connection with the “Ashtabandhana Jeernodharana Kumbhabhishekam” of Lord Mahaganapathy Temple, Melarkode North Village, in accordance with the approval granted in Exhibit P2;
3) Declare that the Petitioner is entitled to conduct the religious procession with elephants as part of the temple rituals, on the strength of the valid registration granted by the District Monitoring Committee and in compliance with the applicable statutory rules and guidelines;
4) Issue a writ of Mandamus directing the Respondents to consider and dispose of Exhibit P5 representation submitted by the Petitioner, within a time frame to be fixed by this Hon’ble Court;
5) Dispense with the translation of the documents produced in the vernacular language;
6) To pass such other reliefs that this Hon’ble Court deem fit and proper.” [sic]
2. The petitioner is a society formed and constituted for managing the affairs of the Melarkode North Village and the Lord Mahaganapathy Temple situated in the village. Maha Kumbhabhishekam consecration ceremony and festival at the temple is scheduled from 23.05.2026 to 29.05.2026, which is organized and followed as per vedic and ritualistic importance is the submission. The temple is registered with the District Monitoring Committee in 2015 abiding the law and precedents is the submission. The 1st respondent-District Monitoring Committee had on 17.03.2026 granted approval to the petitioner to conduct parade/procession of three elephants as part of the rituals and festival on the last day ie, 29.05.2026. However, on 31.03.2026, the 1st respondent revoked the permission to have three elephants stating that the registration of the petitioner does not specify two festivals. Aggrieved by the same, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Special Government Pleader (Forest). 4. It is an admitted fact that the temple in question is registered with the District Monitoring Committee in the year 2015. It is also an admitted fact that, as per Ext.P2, the 1st respondent granted approval to parade three elephants in the festival on 29.05.2026. The same is cancelled as per Ext.P3 mainly for the reason that the festival in question is not mentioned in the registration form. But, according to the petitioner, it is a festival celebrated in every 12 years. Considering the fact that the three elephant parade is already approved by the 1st respondent as evident by Ext.P2 and the festival will happen only after 12 years, I think the prayer of the petitioner can be allowed. But, I make it clear that the petitioner shall comply all the directions issued by the 1st respondent in Ext.P2 and the 1st respondent and the other authorised officers will monitor the same, in accordance with law.
Therefore, this writ petition is disposed of with the following directions :
1) Serial No.7 in Ext.P3 is set aside and Ext.P2 as far as the petitioner's temple is concerned, is retained.
2) The petitioner will obey all the directions of the respondents while parading the three elephants in accordance with law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.